Part 42 published on 01/05/13
Owner ordered to sell unit due to contempt of previous order
The respondents were the owners or occupants of a unit in YCC 82. According to the condominium’s Declaration, the units are to be occupied only as single-family residences. On the basis of this provision, the Court had ordered, on July 7, 2011, that the respondents were “restrained from conducting the business of selling alcohol and cigarettes at YCC 82”.
The respondents had ignored all requests to stop selling alcohol (specifically beer).
The Court ordered that the unit be sold within 3 months. The Court said:
Unless barred from YCC 82 and ordered to dispose of their interest at YCC 82, the Respondents will continue to sell alcohol out of their Unit. There is every likelihood that the Respondents will not comply with any future orders of the court and would take every step to frustrate the carrying out of such orders. In these circumstances, the order should provide for steps that will ensure that the current conduct will be effectively ended and will not be resumed.
The Court also ordered that the respondents be fined.